Can I Live With a New Partner While My Divorce Is in Progress?

 Posted on August 04, 2026 in Divorce

Illinois law does not prohibit someone from living with a new partner while their divorce is pending. However, moving in with someone while a divorce case is in process can have important implications for the case.

Before you move in with a new romantic partner in 2026, be sure you understand how it may affect your divorce proceedings. A DuPage County, IL divorce lawyer can help you make an informed decision.

Will Living with a New Partner During Your Illinois Divorce Affect Property Division?

Grounds for divorce in Illinois are based on "irreconcilable differences" (750 ILCS 5/401). This means that courts will not consider issues such as infidelity when determining the grounds for divorce. Similarly, issues such as property division are not automatically affected. Moving in with a new partner, even one involved in something like an affair, will not inherently affect property division.

What can affect property division, however, is a dissipation claim. Dissipation is when one spouse uses marital assets (money or property belonging to the couple) for a purpose unrelated to the marriage. Spending significant marital funds on a new partner may constitute dissipation. This might include buying them gifts or supporting their household. Courts can offset this by awarding the other spouse a larger share of the remaining marital assets to account for what was spent.

How Does Moving In With Someone Affect Spousal Maintenance in Illinois?

Spousal maintenance, if it’s been ordered, is directly affected by moving in with a new partner. Spousal maintenance, commonly known as alimony, may be terminated if the receiving spouse "cohabits with another person on a resident, continuing conjugal basis."

Casual dating does not typically end maintenance for the receiving spouse. Courts look at several factors to determine whether cohabitation is actually occurring. These may include:

• Whether the parties share financial responsibilities
• How much time they actively live together
• Whether there is a sense of permanence or mutual commitment between parties

One important aspect of this law is that maintenance may be terminated retroactively. If the court determines that qualifying cohabitation occurred, maintenance terminates as of the date the cohabitation began, and the paying spouse may recover payments made after that date.

If you expect to receive maintenance as part of your divorce settlement, this matters a lot. If you receive temporary maintenance during your divorce, the court may later order you to repay your former spouse if it finds that qualifying cohabitation began while those payments were being made.

How Can a New Partner Affect Child Custody Issues in an Illinois Divorce?

A new partner may introduce complications into your divorce case in several ways. Illinois law requires courts to consider whether a parent lives with a convicted sex offender, and the parties are entitled to a hearing on that issue. More generally, courts evaluate the stability and appropriateness of each parent's household when making decisions involving children. Courts must place the best interests of the child at the forefront of all decisions made during a divorce.

Even without specific misconduct, the court may consider whether the introduction of a new partner has affected the children’s stability or well-being. Financial arrangements with a new partner may muddy your own financial picture. This can complicate questions about household finances and expenses.

If your former spouse presents evidence that your new partner poses a threat to your children’s safety or well-being, the court may consider this when determining parenting time and decision-making responsibilities.

Call a Naperville, IL Divorce Lawyer Today

Dating during a divorce is not prohibited, but moving in with a new partner may affect your finances, children, and divorce proceedings.

Our DuPage County, IL divorce attorneys have nearly two decades of experience in family law and can offer you guidance informed by real cases. Attorney Don Pesce is Court-approved in DuPage County to serve as a Guardian ad Litem and as a mediator in parenting matters. This can provide a particularly valuable backdrop to decisions involving children.  

Call Pesce Law Group, P.C. at 630-352-2240 to schedule a free consultation with our divorce attorneys today.